MOTOR VEHICLE CASUALTY CO. v. SMITH

No. 36,772.

247 Minn. 151 (1956)

76 N.W. (2d) 486

MOTOR VEHICLE CASUALTY COMPANY v. GEORGE H. SMITH AND OTHERS. GEORGE H. SMITH, RESPONDENT.

Supreme Court of Minnesota.

April 20, 1956.


Attorney(s) appearing for the Case

Meagher, Geer, Markham & Anderson, David W. Nord, and O.C. Adamson II, for appellant.

Fred Albert, for respondent.


MATSON, JUSTICE.

Appeal is by plaintiff insurer from a declaratory judgment of the district court adjudging it liable for indemnity on an automobile insurance contract covering a Willys automobile owned by the named insured, Fred W. Smith.

On December 4, 1953, George H. Smith (hereinafter called George) received injuries in an accident involving the Willys in which he was riding as a passenger. He and one Nick Van...

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